Amd 570.17 & 140.10, CP L; ren 837-w to be 837-x, amd 837-x, Exec L; amd 3119 & 3102, add 4550, CPLR; amd
3436-a, Ins L; amd 6531-b, Ed L
Provides certain legal protections for reproductive health service providers who provide legally protected health activities including protection from extradition, arrest and legal proceedings in other states relating to such services; restricts the use of evidence relating to the involvement of a party in providing legally protected health activity to persons located out-of-state.
STATE OF NEW YORK
________________________________________________________________________
1709--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. REYES, PAULIN, OTIS, DINOWITZ, BURGOS, RAGA,
SHRESTHA, FORREST, DICKENS, O'DONNELL, LEVENBERG, SIMON, ARDILA,
GONZALEZ-ROJAS, KELLES, McDONALD, CUNNINGHAM, CARROLL, SEAWRIGHT,
FAHY, SHIMSKY, GLICK, GIBBS, L. ROSENTHAL, BURDICK, CRUZ,
DE LOS SANTOS, BORES, HEVESI, McMAHON, EPSTEIN, WALLACE, LAVINE,
THIELE, SILLITTI, AUBRY, WEPRIN, CLARK, SEPTIMO, SIMONE, JACOBSON --
read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, the executive law, the civil
practice law and rules, the insurance law and the education law, in
relation to legally protected health activity providers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 570.17 of the criminal procedure law, as amended by
2 chapter 101 of the laws of 2023, is amended to read as follows:
3 § 570.17 Extradition [of abortion providers] for legally protected
4 health activity.
5 [No] 1. For purposes of this section, the following terms shall have
6 the following meanings:
7 (a) "Reproductive health services" shall mean and include all
8 services, care, or products of a medical, surgical, psychiatric, thera-
9 peutic, diagnostic, mental health, behavioral health, preventative,
10 rehabilitative, supportive, consultative, referral, prescribing, or
11 dispensing nature relating to the human reproductive system provided in
12 accordance with the constitution and the laws of this state, whether
13 provided in person or by means of telehealth or telehealth services,
14 which includes, but is not limited to, all services, care and products
15 relating to pregnancy, assisted reproduction, contraception, miscarriage
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04071-09-3
A. 1709--B 2
1 management or the termination of a pregnancy, and self-managed termi-
2 nations.
3 (b) "Legally protected health activity" shall mean and include the
4 following acts and omissions by providers and facilitators of reproduc-
5 tive health services, to the extent they are not in violation of the
6 constitution or the laws of this state, provided that such provider is
7 physically present in the state:
8 (i) the exercise or attempted exercise by any person of rights to
9 reproductive health services as secured by the constitution or laws of
10 this state or the provision of insurance coverage for such services or
11 care; and
12 (ii) any act or omission undertaken to aid or encourage, or attempt to
13 aid or encourage, any person in the exercise or attempted exercise of
14 rights to reproductive health services as secured by the constitution or
15 laws of this state, or to provide insurance coverage for such services
16 or care; provided, however, that the provision of such reproductive
17 health services by a person duly licensed under the laws of this state
18 and physically present in this state and the provision of insurance
19 coverage for such services or care shall be a legally protected health
20 activity if the service or care is permitted under the laws of this
21 state, regardless of the patient's location.
22 2. Except as required by federal law, no demand for the extradition of
23 a person subject to criminal liability that is in whole or in part based
24 on the alleged provision or receipt of, assistance in provision or
25 receipt of, material support for, or any theory of vicarious, joint,
26 several or conspiracy liability for [reproductive health care services
27 lawfully] any legally protected health activity performed in New York
28 shall be recognized by the governor unless the executive authority of
29 the demanding state shall allege in writing that the accused was phys-
30 ically present in the demanding state at the time of the commission of
31 the alleged crime, and that thereafter he, she or they fled from that
32 state.
33 § 2. Subdivision 3-a of section 140.10 of the criminal procedure law,
34 as amended by chapter 101 of the laws of 2023, is amended to read as
35 follows:
36 3-a. A police officer may not arrest any person for [performing or
37 aiding in the performance of an abortion] any legally protected health
38 activity within this state [that is performed in accordance with the
39 applicable law of this state, for seeking to end, or ending, or aiding
40 another in ending their pregnancy within this state, or for procuring or
41 aiding in the procurement of an abortion within this state] as defined
42 in section 570.17 of this chapter.
43 § 3. Section 837-w of the executive law, as amended by chapter 101 of
44 the laws of 2023, is renumbered section 837-x and amended to read as
45 follows:
46 § 837-x. Cooperation with certain out-of-state investigations. 1. For
47 purposes of this section, the following terms shall have the following
48 meanings:
49 (a) "Reproductive health services" shall have the same meaning as
50 paragraph (a) of subdivision one of section 570.17 of the criminal
51 procedure law; and
52 (b) "Legally protected health activity" shall have the same meaning as
53 paragraph (b) of subdivision one of section 570.17 of the criminal
54 procedure law.
55 2. No state or local [law enforcement agency] government employee or
56 entity or other person acting on behalf of state or local government
A. 1709--B 3
1 shall cooperate with or provide information to any individual or out-of-
2 state agency or department [related to the performance or aiding in the
3 performance of an abortion within this state that is performed in
4 accordance with the applicable law of this state, ending, seeking to
5 end, or aiding another in ending their pregnancy within this state, or
6 procuring or aiding in the procurement of an abortion within] regarding
7 any legally protected health activity in this state, or otherwise expend
8 or use time, moneys, facilities, property, equipment, personnel or other
9 resources in furtherance of any investigation or proceeding that seeks
10 to impose civil or criminal liability or professional sanctions upon a
11 person or entity for any legally protected health activity occurring in
12 this state. Nothing in this section shall prohibit the investigation of
13 any [criminal activity in this state which may involve the performance
14 of an abortion] reproductive health services rendered in violation of
15 the laws of this state, provided that no information relating to any
16 medical procedure performed on a specific individual may be shared with
17 an out-of-state agency or any other individual. Nothing in this section
18 shall prohibit compliance with a valid, court-issued subpoena or warrant
19 which does not relate to a law seeking to impose civil or criminal
20 liability or professional sanctions for a legally protected health
21 activity, or in response to the written request of a person who is the
22 subject of such an investigation or proceeding, to the extent necessary,
23 in each case, to fulfill such request.
24 § 4. Subdivision (g) of section 3119 of the civil practice law and
25 rules, as added by chapter 219 of the laws of 2022, is amended to read
26 as follows:
27 (g) (1) Out-of-state [abortion] proceedings regarding legally
28 protected health activities. Notwithstanding any other provisions of
29 this section or any other law, no court or county clerk shall issue a
30 subpoena under this section in connection with an out-of-state proceed-
31 ing relating to any [abortion services or procedures] legally protected
32 health activity which [were legally performed] occurred in this state,
33 unless such out-of-state proceeding [(1)] (i) sounds in tort or
34 contract[, or is based on statute], [(2)] (ii) is actionable, in an
35 equivalent or similar manner, under the laws of this state, and [(3)]
36 (iii) was brought by the patient who received reproductive [healthcare]
37 health services as defined in paragraph (a) of subdivision one of
38 section 570.17 of the criminal procedure law, or the patient's legal
39 representative, so long as the patient gives express consent.
40 (2) For purposes of this subdivision, the terms "legally protected
41 health activity" and "reproductive health services" shall have the same
42 meanings as defined in subdivision one of section 570.17 of the criminal
43 procedure law.
44 § 5. Subdivision (e) of section 3102 of the civil practice law and
45 rules, as amended by chapter 219 of the laws of 2022, is amended to read
46 as follows:
47 (e) Action pending in another jurisdiction. Except as provided in
48 section three thousand one hundred nineteen of this article, when under
49 any mandate, writ or commission issued out of any court of record in any
50 other state, territory, district or foreign jurisdiction, or whenever
51 upon notice or agreement, it is required to take the testimony of a
52 witness in the state, he or she may be compelled to appear and testify
53 in the same manner and by the same process as may be employed for the
54 purpose of taking testimony in actions pending in the state. The supreme
55 court or a county court shall make any appropriate order in aid of
56 taking such a deposition; provided that no order may be issued under
A. 1709--B 4
1 this section in connection with an out-of-state proceeding relating to
2 any [abortion services or procedures] legally protected health activity,
3 as defined in paragraph (b) of subdivision one of section 570.17 of the
4 criminal procedure law which [were legally performed] occurred in this
5 state, unless such out-of-state proceeding (1) sounds in tort or
6 contract[, or is based on statute], (2) is actionable, in an equivalent
7 or similar manner, under the laws of this state, and (3) was brought by
8 the patient who received reproductive [healthcare] health services, or
9 the patient's legal representative.
10 § 6. The civil practice law and rules is amended by adding a new
11 section 4550 to read as follows:
12 § 4550. Admissibility of evidence related to legally protected health
13 activity. Evidence relating to the involvement of a party engaging in
14 one or more legally protected health activity, as defined in paragraph
15 (b) of subdivision one of section 570.17 of the criminal procedure law,
16 relating to providing reproductive health services to persons not phys-
17 ically present in this state shall not be offered against such party as
18 evidence that such party has engaged in any wrongdoing, whether civil,
19 criminal, professional, or otherwise by virtue of such recipients of
20 such services not being physically present in this state. Nothing in
21 this section shall prevent a party from offering such evidence in a
22 proceeding that (i) sounds in tort or contract, (ii) is actionable, in
23 an equivalent or similar manner, under the laws of this state, and (iii)
24 was brought by the patient who received reproductive health services, or
25 the patient's legal representative.
26 § 7. Subsection (a) of section 3436-a of the insurance law, as amended
27 by section 4 of part LL of chapter 57 of the laws of 2023, is amended to
28 read as follows:
29 (a) Every insurer that issues or renews medical malpractice insurance
30 covering a health care provider licensed to practice in this state shall
31 be prohibited from taking any adverse action against a health care
32 provider solely on the basis that the health care provider [performs an
33 abortion or provides reproductive health care] engages in legally
34 protected health activity, as defined in paragraph (b) of subdivision
35 one of section 570.17 of the criminal procedure law, that is legal in
36 this state [on] with someone who is from out of the state. The super-
37 intendent is expressly authorized to interpret "legally protected health
38 activity" as if such definition was stated within this section. Such
39 policy shall include health care providers who [legally] prescribe
40 abortion medication to out-of-state patients by means of telehealth.
41 § 8. Subdivision 2 of section 6531-b of the education law, as added by
42 chapter 220 of the laws of 2022, is amended to read as follows:
43 2. The performance, recommendation, or provision of any reproductive
44 health services as defined in subdivision one of this section, or any
45 legally protected health activity as defined in paragraph (b) of subdi-
46 vision one of section 570.17 of the criminal procedure law, by a health
47 care practitioner acting within their scope of practice, for a patient
48 who resides in a state wherein the performance, recommendation, or
49 provision of such reproductive health services is illegal, shall not, by
50 itself, constitute professional misconduct under this title, or title
51 two-A of article two of the public health law, or any other law, rule or
52 regulation governing the licensure, certification, or authorization of
53 such practitioner, nor shall any license, certification or authorization
54 of a health care practitioner be revoked, suspended, or annulled or
55 otherwise subject to any other penalty or discipline provided in the
56 public health law or this title solely on the basis that such health
A. 1709--B 5
1 care practitioner performed, recommended, or provided any such reproduc-
2 tive health services for a patient who resides in a state wherein the
3 performance, recommendation, or provision of such reproductive health
4 services is illegal.
5 § 9. Severability. If any provision of this act, or any application of
6 any provision of this act, is held to be invalid, that shall not affect
7 the validity or effectiveness of any other provision of this act, any
8 other application of any provision of this act, or any other provision
9 of any law or code amended by this act.
10 § 10. Choice of laws. This act shall be exclusively governed by and
11 construed pursuant to the laws of the state of New York, without giving
12 effect to any choice of law principles thereunder.
13 § 11. Conflict of laws. To the extent that any laws in the state of
14 New York conflict with this act, this act shall govern.
15 § 12. This act shall take effect immediately.
